Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-12-10
PROHIBITION SUSTAINED
BY the United States Supreme Court
The Kansas Law Declared Valid.

Monday, December ., the supreme
Court, sitting in Washington delivered it,
opinion In the two Prohibition cases of
Peter MugIer, plaintiff in error against the
State Of Kansas, and in the case Of the
State OF Kansas against Herman /iebold
and others, affirming the judgment of the
lower court IN the two Mugler eases, and
reversing the Judgment in tn" /iebold
case. The effect Of this opinion Is to de-
clare valid the Prohibition laws of the
cases came up under the laws of Kansas
declaring the maintenance of building
for the manufacture or sale of liquor to
be a nuisance aud making the manufacture
or sale Of into xicant- misdcmeanor. 1t
was contcnded that this law wa uncon-
stitutional because it abridged the rights
OF citizens and because it deprived citizens
Of property without due process of law,
the building used a. q brewery being of
little value for any other purpose.
Justice Harlan, who gave the opinion of
the court, said that it had been
repeatedly held that the right of Il
State to regulate the sale of
liquors did not invade the constitutional
rights Of the citizens. 1t WAS commended,
however, he said, that no State Lcgisla-
turc had right to prohibit any person
from manufacturing for his own use or
for export, for the reason that it was an
invasion of the personal liberty inherent
In citizens. Il must hc observed. how
ever, he said, that the right to manufac-
ture drink for ones own use is subject to
the restriction that it shall not inuriously
effect the public. The right to determine
what was injurious had to exist somewhere
and the right of determining what meas
ures are necessary for the preservation of
the public morals, health and safety had
therefore been vested in the States by the
constitutional right given them under the
police power to regulate their own internal
concerns While this police power could
not be abused and must only be exercised
for objects of real merit this court would
certainly not say that the liquor traffic
was not one which the State could law
fully prohibit because 1t was we'll known
that the abuse Of intoXicants was produc-
tive of pauperism and crime.
The next ground of contention, the
Justice said. was that As the hrcwerica had
been erected prior to the passage of the
Prohibition law and As they were of little
use except Tor brcwerics their property
was taken without due process of law in
violation of the Constitution. But all
property under our form of Government,
he holds, is subject to the obligation that
II shall not be used so rs to njuriouslv
effect the rights OF the community and
Kansas had right to prohibit the liquor
traffic. II did not thereby take SWAY the
property of the brewers. 1t simply ahated
nuisance. The property is not taken
away from its owners they are only pro-
hibited from using it fora specific purpose
which the Legislature declared to be in
furious to the community.
II, therefore, \ state deems the abso-
Lutte prohibition of the manufacture and
sale within her limits of intoxicating
liquors for other than medical, scientific
and manufacturing purposes, to be ncces-
sary to the peace and security of society,
the courts can not, without usurping legis-
lative functions. override the will Of the
people as thus expressed by their chosen
representatives. So far from such regula-
ton being Inappropriate to the general end
sought to be accomplished, ii is easy to be
seen that the entire scheme of prohibition,
~ embodied in the constitution and laws
Of Kansas, might fall, if the right of each
citizen to manufacture Intoxicating liquors
for his own use as a beverage were recog-
nized. Such a right does not inhere in
citizenship
The language of this decision certainly
IL broad, thorough and conclusive. and IL
will hereafter not be deemed safe or ex
pedient for the liquor dealers and their
apologists to refer to the United States
Supreme Court AS their hope and fortress
when prosecuted by State and Municipal
officials. The authority of the highest
judicial tribune in the land goes much be-
yond the pretentious claim OF the force of
Custom House brands and labels.
Enslish Rejoicings over the Message.
Just as might well be supposed tho